M S Harun Mukati Foundation Thr Its ... vs Central Ground Water Board Thr Its ...
2021 Latest Caselaw 3096 Bom

                                                               941-wp-3023-21
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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 3023 OF 2021

 M/s Harun Mukati Foundation
 Through its authorised signatory
 Yusum Mukati S/o Harun Mukati                 ... Petitioner.

          Versus
 The Central Ground Water Board
 and others                                    ... Respondents.
                                      ....
 Mr. Amit A. Yadkikar, Advocate for the Petitioner.
                                      ....

                               CORAM : S.V. GANGAPURWALA AND
                                       SHRIKANT D. KULKARNI, JJ.

DATE : 16th FEBRUARY, 2021

PER COURT:-

1. The learned counsel for the petitioner submits that the

impugned order passed by the National Green Tribunal is without

notice to the petitioner.

2. The learned counsel submits that Section 22 of the National

Green Tribunal Act, 2010 providing remedy of appeal to the Apex

Court against the order of National Green Tribunal would not be a bar

for this Court to exercise its writ jurisdiction under Article 226 of the

Constitution of India. Learned counsel to buttress his statement

placed reliance on the judgment of the Division Bench of this Court

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941-wp-3023-21

at Panji in case of Kashinath Jairam Shetye and ors. Vs. State of Goa

reported in 2017 (3) ALL MR 761 and the judgment of the Division

Bench of the Andhra Pradesh High Court dated 08.11.2017 in case of

State of Telangana Vs. Md. Hayath Uddin and others.

3. Issue notice to respondents, returnable on 16.03.2021.

 ( SHRIKANT D. KULKARNI )                     ( S.V. GANGAPURWALA )
         JUDGE                                         JUDGE

 S.P. Rane




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